Michigan's drunk driving statutes

Sec. 625.
(1) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state if the person is operating while intoxicated. As used in       this section, "operating while intoxicated" means either of the following applies:

     (a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
     (b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or,            beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per            67 milliliters of urine.

(2) The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a       highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor       vehicles, within this state by a person if any of the following apply:
     (a) The person is under the influence of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance.
     (b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or,            beginning October 1, 2013, the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per            67 milliliters of urine.
     (c) The person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a            combination of alcoholic liquor and a controlled substance.

(3) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state when, due to the consumption of alcoholic liquor, a       controlled substance, or a combination of alcoholic liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired.       If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

(4) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor       vehicle causes the death of another person is guilty of a crime as follows:
      (a) Except as provided in subdivision (b), the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not             less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If             the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of             sentence.
      (b) If, at the time of the violation, the person is operating a motor vehicle in a manner proscribed under section 653a and causes the death of a             police officer, firefighter, or other emergency response personnel, the person is guilty of a felony punishable by imprisonment for not more             than 20 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. This subdivision applies regardless of whether the             person is charged with the violation of section 653a. The judgment of sentence may impose the sanction permitted under section 625n. If the             vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of             sentence.

(5) A person, whether licensed or not, who operates a motor vehicle in violation of subsection (1), (3), or (8) and by the operation of that motor       vehicle causes a serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than 5       years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under       section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the       judgment of sentence.

(6) A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general       public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state if the person has any       bodily alcohol content. As used in this subsection, "any bodily alcohol content" means either of the following:
      (a) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of             urine, or, beginning October 1, 2013, the person has an alcohol content of 0.02 grams or more but less than 0.10 grams per 100 milliliters of             blood, per 210 liters of breath, or per 67 milliliters of urine.
      (b) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than consumption of alcoholic liquor as             a part of a generally recognized religious service or ceremony.

(7) A person, whether licensed or not, is subject to the following requirements:
      (a) He or she shall not operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while another person who is less than 16 years of age is            occupying the vehicle. A person who violates this subdivision is guilty of a crime punishable as follows:
           (i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a misdemeanor and shall be sentenced to pay a                fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
               (A)Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively.                     This term of imprisonment shall not be suspended.
               (B)Community service for not less than 30 days or more than 90 days.
           (ii) If the violation occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, a person who violates this                subdivision is guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the                following:
               (A)Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
               (B)Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                     days or more than 180 days. Not less than 48 hours of this imprisonment shall be served consecutively. This term of imprisonment shall                     not be suspended.
      (b) He or she shall not operate a vehicle in violation of subsection (6) while another person who is less than 16 years of age is occupying the             vehicle. A person who violates this subdivision is guilty of a misdemeanor punishable as follows:
           (i) Except as provided in subparagraph (ii), a person who violates this subdivision may be sentenced to 1 or more of the following:
               (A)Community service for not more than 60 days.
               (B)A fine of not more than $500.00.
               (C)Imprisonment for not more than 93 days.
           (ii) If the violation occurs within 7 years of a prior conviction or within 10 years of 2 or more prior convictions, a person who violates this                 subdivision shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and to 1 or more of the following:
               (A)Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this imprisonment shall be served consecutively.                     This term of imprisonment shall not be suspended.
               (B)Community service for not less than 30 days or more than 90 days.
      (c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may, unless the vehicle is ordered forfeited under section 625n, order            vehicle immobilization as provided in section 904d. In the judgment of sentence under subdivision (a)(ii) or (b)(ii), the court shall, unless the            vehicle is ordered forfeited under section 625n, order vehicle immobilization as provided in section 904d.
      (d) This subsection does not prohibit a person from being charged with, convicted of, or punished for a violation of subsection (4) or (5) that is            committed by the person while violating this subsection. However, points shall not be assessed under section 320a for both a violation of            subsection (4) or (5) and a violation of this subsection for conduct arising out of the same transaction.

(8) A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to       motor vehicles, including an area designated for the parking of vehicles, within this state if the person has in his or her body any amount of a       controlled substance listed in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under       that section, or of a controlled substance described in section 7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

(9) If a person is convicted of violating subsection (1) or (8), all of the following apply:
      (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
           (i) Community service for not more than 360 hours.
           (ii) Imprisonment for not more than 93 days.
           (iii) A fine of not less than $100.00 or more than $500.00.
      (b) If the violation occurs within 7 years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than             $1,000.00 and 1 or more of the following:
           (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this                 subparagraph shall be served consecutively.
           (ii) Community service for not less than 30 days or more than 90 days.
      (c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not             less than $500.00 or more than $5,000.00 and to either of the following:
           (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
           (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
      (d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
      (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of             sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as             provided in section 904d.
      (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(10) A person who is convicted of violating subsection (2) is guilty of a crime as follows:
      (a) Except as provided in subdivisions (b) and (c), a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not less than             $100.00 or more than $500.00, or both.
      (b) If the person operating the motor vehicle violated subsection (4), a felony punishable by imprisonment for not more than 5 years or a fine of             not less than $1,500.00 or more than $10,000.00, or both.
      (c) If the person operating the motor vehicle violated subsection (5), a felony punishable by imprisonment for not more than 2 years or a fine of             not less than $1,000.00 or more than $5,000.00, or both.

(11) If a person is convicted of violating subsection (3), all of the following apply:
      (a) Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by 1 or more of the following:
           (i) Community service for not more than 360 hours.
           (ii) Imprisonment for not more than 93 days.
           (iii) A fine of not more than $300.00.
      (b) If the violation occurs within 7 years of 1 prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than             $1,000.00, and 1 or more of the following:
           (i) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of the term of imprisonment imposed under this                 subparagraph shall be served consecutively.
           (ii) Community service for not less than 30 days or more than 90 days.
      (c) If the violation occurs within 10 years of 2 or more prior convictions, the person is guilty of a felony and shall be sentenced to pay a fine of not            less than $500.00 or more than $5,000.00 and either of the following:
           (i) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
           (ii) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60                 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subparagraph shall be served consecutively.
      (d) A term of imprisonment imposed under subdivision (b) or (c) shall not be suspended.
      (e) In the judgment of sentence under subdivision (a), the court may order vehicle immobilization as provided in section 904d. In the judgment of            sentence under subdivision (b) or (c), the court shall, unless the vehicle is ordered forfeited under section 625n, order vehicle immobilization as            provided in section 904d.
      (f) In the judgment of sentence under subdivision (b) or (c), the court may impose the sanction permitted under section 625n.

(12) If a person is convicted of violating subsection (6), all of the following apply:
      (a) Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by 1 or both of the following:
           (i) Community service for not more than 360 hours.
           (ii) A fine of not more than $250.00.
      (b) If the violation occurs within 7 years of 1 or more prior convictions, the person may be sentenced to 1 or more of the following:
           (i) Community service for not more than 60 days.
           (ii) A fine of not more than $500.00.
           (iii) Imprisonment for not more than 93 days.

(13) In addition to imposing the sanctions prescribed under this section, the court may order the person to pay the costs of the prosecution under the        code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69.

(14) A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the state or appropriate         local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person's activities in that         service.

(15) If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 625n based upon the defendant        having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and        information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant's prior        convictions.

(16) If a person is charged with a violation of subsection (1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the defendant to         enter a plea of guilty or nolo contendere to a charge of violating subsection (6) in exchange for dismissal of the original charge. This subsection         does not prohibit the court from dismissing the charge upon the prosecuting attorney's motion.

(17) A prior conviction shall be established at sentencing by 1 or more of the following:
      (a) An abstract of conviction.
      (b) A copy of the defendant's driving record.
      (c) An admission by the defendant.

(18) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while under the influence of a controlled         substance or a combination of alcoholic liquor and a controlled substance in violation of subsection (1) or a local ordinance substantially            corresponding to subsection (1), the court shall require the jury to return a special verdict in the form of a written finding or, if the court convicts         the person without a jury or accepts a plea of guilty or nolo contendere, the court shall make a finding as to whether the person was under the         influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at the time of the violation.

(19) Except as otherwise provided in subsection (20), if a person is charged with operating a vehicle while his or her ability to operate the vehicle was         visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance in violation         of subsection (3) or a local ordinance substantially corresponding to subsection (3), the court shall require the jury to return a special verdict in         the form of a written finding or, if the court convicts the person without a jury or accepts a plea of guilty or nolo contendere, the court shall         make a finding as to whether, due to the consumption of a controlled substance or a combination of alcoholic liquor and a controlled substance,         the person's ability to operate a motor vehicle was visibly impaired at the time of the violation.

(20) A special verdict described in subsections (18) and (19) is not required if a jury is instructed to make a finding solely as to either of the following:
      (a) Whether the defendant was under the influence of a controlled substance or a combination of alcoholic liquor and a controlled substance at             the time of the violation.
      (b) Whether the defendant was visibly impaired due to his or her consumption of a controlled substance or a combination of alcoholic liquor and a             controlled substance at the time of the violation.

(21) If a jury or court finds under subsection (18), (19), or (20) that the defendant operated a motor vehicle under the influence of or while impaired        due to the consumption of a controlled substance or a combination of a controlled substance and an alcoholic liquor, the court shall do both of the        following:
      (a) Report the finding to the secretary of state.
      (b) On a form or forms prescribed by the state court administrator, forward to the department of state police a record that specifies the penalties             imposed by the court, including any term of imprisonment, and any sanction imposed under section 625n or 904d.

(22) Except as otherwise provided by law, a record described in subsection (21)(b) is a public record and the department of state police shall retain         the information contained on that record for not less than 7 years.

(23) In a prosecution for a violation of subsection (6), the defendant bears the burden of proving that the consumption of alcoholic liquor was a part         of a generally recognized religious service or ceremony by a preponderance of the evidence.

(24) The court may order as a condition of probation that a person convicted of violating subsection (1) or (8), or a local ordinance substantially         corresponding to subsection (1) or (8), shall not operate a motor vehicle unless that vehicle is equipped with an ignition interlock device         approved, certified, and installed as required under sections 625k and 625l.

(25) Subject to subsection (27), as used in this section, "prior conviction" means a conviction for any of the following, whether under a law of this         state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this         state:
      (a) Except as provided in subsection (26), a violation or attempted violation of any of the following:
           (i) This section, except a violation of section 625(2), or a violation of any prior enactment of this section in which the defendant operated a                 vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic                 liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
           (ii) Section 625m.
           (iii) Former section 625b.
      (b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(26) Except for purposes of the enhancement described in subsection (12)(b), only 1 violation or attempted violation of subsection (6), a local         ordinance substantially corresponding to subsection (6), or a law of another state substantially corresponding to subsection (6) may be used as a         prior conviction.

(27) If 2 or more convictions described in subsection (25) are convictions for violations arising out of the same transaction, only 1 conviction shall be         used to determine whether the person has a prior conviction.

§ 257.625a. Arrest without warrant; circumstances; preliminary chemical breath analysis; operator ordered out-of-service; refusal of commercial motor vehicle operator to submit to breath analysis as misdemeanor; provisions applicable to chemical tests and analysis; evidence; availability of test results; admissibility of refusal to submit to chemical test.

Sec. 625a.
(1) A peace officer may arrest a person without a warrant under either of the following circumstances:
      (a) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved             in the accident and was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625.
      (b) The person is found in the driver's seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle             intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section             625 or a local ordinance substantially corresponding to section 625.
(2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the       public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state and that the person by       the consumption of alcoholic liquor may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was       operating a commercial motor vehicle within the state while the person's blood, breath, or urine contained any measurable amount of alcohol or       while the person had any detectable presence of alcoholic liquor, or reasonable cause to believe that a person who is less than 21 years of age       was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area       designated for the parking of vehicles, within this state while the person had any bodily alcohol content as that term is defined in section 625(6),       may require the person to submit to a preliminary chemical breath analysis. The following provisions apply with respect to a preliminary chemical       breath analysis administered under this subsection:
      (a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.
      (b) The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section 625c(1) or in an             administrative hearing for 1 or more of the following purposes:
           (i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction                 of other competent evidence offered to establish the validity of an arrest.
           (ii) As evidence of the defendant's breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a                 defense witness that the defendant's breath alcohol content was higher at the time of the charged offense than when a chemical test was                 administered under subsection (6).
           (iii) As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a                 prosecution witness that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test                 was administered under subsection (6).
      (c) A person who submits to a preliminary chemical breath analysis remains subject to the requirements of sections 625c, 625d, 625e, and 625f for            purposes of chemical tests described in those sections.
      (d) Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a             peace officer is responsible for a civil infraction.
(3) A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a       person out-of-service under section 319d. A peace officer shall order out-of-service as required under section 319d a person who was operating a       commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit       use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d.
(4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this       section shall be advised that refusing a peace officer's request to take a test described in this section is a misdemeanor punishable by       imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service       order.
(5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's       lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(6) The following provisions apply with respect to chemical tests and analysis of a person's blood, urine, or breath, other than preliminary chemical       breath analysis:
      (a) The amount of alcohol or presence of a controlled substance or both in a driver's blood or urine or the amount of alcohol in a person's breath at             the time alleged as shown by chemical analysis of the person's blood, urine, or breath is admissible into evidence in any civil or criminal             proceeding and is presumed to be the same as at the time the person operated the vehicle .
      (b) A person arrested for a crime described in section 625c(1) shall be advised of all of the following:
           (i) If he or she takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, he or she has the right                to demand that a person of his or her own choosing administer 1 of the chemical tests.
           (ii) The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other admissible evidence                  in determining the defendant's innocence or guilt.
           (iii) He or she is responsible for obtaining a chemical analysis of a test sample obtained at his or her own request.
           (iv) If he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court                  order, but the peace officer may seek to obtain a court order.
           (v) Refusing a peace officer's request to take a test described in subparagraph (i) will result in the suspension of his or her operator's or                  chauffeur's license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record.
      (c) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual            operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified            to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer's request to determine the amount of alcohol or            presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated            on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the            delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless            the withdrawal or analysis is performed in a negligent manner.
      (d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the             person has committed a crime described in section 625c(1). A person who takes a chemical test administered at a peace officer's request as             provided in this section shall be given a reasonable opportunity to have a person of his or her own choosing administer 1 of the chemical tests             described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with             other admissible evidence in determining the defendant's innocence or guilt. If the person charged is administered a chemical test by a person             of his or her own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.
      (e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is             withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding             to show the amount of alcohol or presence of a controlled substance or both in the person's blood at the time alleged, regardless of whether             the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the             results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A             medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.
      (f)  If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a             manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance, or both, in the             decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency             investigating the accident and that agency shall forward the results to the department of state police.
      (g) The department of state police shall promulgate uniform rules in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL             24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical             breath analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state             police.
(7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon any of the       following questions:
      (a) Whether the person was impaired by, or under the influence of, alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and             a controlled substance.
      (b) Whether the person had an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of             urine or, beginning October 1, 2013, the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of             breath, or per 67 milliliters of urine.
      (c) If the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her body. As used in this             subdivision, "any bodily alcohol content" means either of the following:
           (i) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of                urine or, beginning October 1, 2013, the person had an alcohol content of 0.02 grams or more but less than 0.10 grams or more per 100                milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
          (ii) Any presence of alcohol within a person's body resulting from the consumption of alcoholic liquor, other than the consumption of alcoholic                liquor as a part of a generally recognized religious service or ceremony.
(8) If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person's       attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least       2 days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars       the admission of the results into evidence by the prosecution.
(9) A person's refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section       625c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury       shall be instructed accordingly.

§ 257.625c. Consent to chemical tests; persons not considered to have given consent to withdrawal of blood; administration of tests.

Sec. 625c.
(1) A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles,       including an area designated for the parking of vehicles, within this state is considered to have given consent to chemical tests of his or her blood,       breath, or urine for the purpose of determining the amount of alcohol or presence of a controlled substance or both in his or her blood or urine or       the amount of alcohol in his or her breath in all of the following circumstances:
      (a) If the person is arrested for a violation of section 625(1), (3), (4), (5), (6), (7) , or (8) , section 625a(5), or section 625m or a local ordinance            substantially corresponding to section 625(1), (3), (6), or (8), section 625a(5), or section 625m.
      (b) If the person is arrested for felonious driving, negligent homicide, manslaughter, or murder resulting from the operation of a motor vehicle,            and the peace officer had reasonable grounds to believe the person was operating the vehicle in violation of section 625.
(2) A person who is afflicted with hemophilia, diabetes, or a condition requiring the use of an anticoagulant under the direction of a physician is not       considered to have given consent to the withdrawal of blood.
(3) The tests shall be administered as provided in section 625a(6).

§ 257.625d. Refusal to submit to chemical test; court order; report to secretary of state; form.

Sec. 625d.
(1) If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 625a(6), a test shall not be given       without a court order, but the officer may seek to obtain the court order.
(2) A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had       reasonable grounds to believe that the person had committed a crime described in section 625c(1), and that the person had refused to submit to       the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be       prescribed and furnished by the secretary of state.

§ 257.625e. Notice of receipt of report; request for hearing; contents; failure to request hearing, consequences; counsel.

Sec. 625e.
(1) If a person refuses to submit to a chemical test pursuant to section 625d, the peace officer shall immediately notify the person in writing that       within 14 days of the date of the notice the person may request a hearing as provided in section 625f. The form of the notice shall be prescribed       and furnished by the secretary of state.
(2) The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to       drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be       permitted to represent the person at the hearing.

§ 257.625f. Effect of failure to request hearing; hearing procedure; notice; authority of hearing officer; scope of hearing; finding; record; licensing sanctions; judicial review; notice to motor vehicle administrator of another state.

Sec. 625f.
(1) If a person who refuses to submit to a chemical test pursuant to section 625d does not request a hearing within 14 days after the date of notice       pursuant to section 625e, the secretary of state shall impose the following license sanctions:
      (a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or             permit to drive, or nonresident operating privilege, for 1 year or, for a second or subsequent refusal within 7 years, for 2 years . If the person             is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit             for 1 year or, for a second or subsequent refusal within 7 years, for 2 years .
      (b) If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's             or chauffeur's license or permit or nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license             or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group             designations, for 1 year.
      (c) If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from and             within 10 years of a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit or             nonresident privilege to operate a commercial motor vehicle or, if the person is a resident without a license or permit to operate a commercial             motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than 10 years             and until the person is approved for the issuance of a vehicle group designation.
      (d) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 625c other than a violation of             section 625a(5) or 625m, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), as             applicable.
(2) If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in section       322. Not less than 5 days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report       under section 625d, and if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest       was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable       request for an adjournment. Not more than 1 adjournment shall be granted to a party and the length of an adjournment shall not exceed 14       days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer       shall not impose any sanction for a failure to comply with these time limits.
(3) Except for delay attributable to the unavailability of the defendant, a witness, or material evidence, or due to an interlocutory appeal or       exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of       arrest. The hearing officer shall not impose any sanction for a failure to comply with this time limit.
(4) The hearing shall cover only the following issues:
      (a) Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 625c(1).
      (b) Whether the person was placed under arrest for a crime described in section 625c(1).
      (c) If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.
      (d) Whether the person was advised of the rights under section 625a(6).
(5) A person shall not order a hearing officer to make a particular finding on any issue enumerated in subsection (4)(a) to (d).
(6) The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with       section 86 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.286 . Upon notification of the filing of a petition for judicial review       pursuant to section 323 and not less than 10 days before the matter is set for review, the hearing officer shall transmit to the court in which the       petition was filed the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not       be transcribed and transmitted if the sole reason for review is to determine whether the court will order the issuance of a restricted license. The       parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a       shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to       the record.
(7) If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:
      (a) If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a             nonresident operating privilege of the person for 1 year or, for a second or subsequent refusal within 7 years, for 2 years . If the person is a             resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for 1             year or, for a second or subsequent refusal within 7 years, for 2 years . The person may file a petition in the circuit court of the county in             which the arrest was made to review the suspension or denial as provided in section 323.
      (b) If the person was operating a commercial motor vehicle, impose the sanction prescribed under subsection (1)(b) or (1)(c), as applicable. The             person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in             section 323.
      (c) If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 625c other than a violation of            section 625a(5) or 625m, impose the license sanctions described in subdivisions (a) and (b).
(8) If the person who requested the hearing prevails, the peace officer who filed the report under section 625d may, with the consent of the       prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing       officer as provided in section 323.
(9) When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department       shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which       he or she has a license to operate a motor vehicle.

§ 257.625g. Duties of peace officer if person refuses chemical test or if test reveals unlawful alcohol content; test results; duration of temporary license or permit; "unlawful alcohol content" defined.

Sec. 625g.
(1) If a person refuses a chemical test offered pursuant to section 625a(6), or submits to the chemical test or a chemical test is performed pursuant to       a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the       following:
      (a) On behalf of the secretary of state, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is             otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form             provided by the secretary of state.
      (b) Except as provided in subsection (2), immediately do all of the following:
           (i) Forward a copy of the written report of the person's refusal to submit to a chemical test required under section 625d to the secretary of                state.
          (ii) Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the                person.
          (iii) Destroy the person's driver's license or permit.
(2) If a person submits to a chemical test offered pursuant to section 625a(6) that requires an analysis of blood or urine and a report of the results of       that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection
      (a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to             the test shall immediately comply with subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who             requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person's license             or permit by first-class mail to the address given at the time of arrest.
(3) A temporary license or permit issued under this section is valid for 1 of the following time periods:
      (a) If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended pursuant to section 625f,             whichever occurs earlier. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not             prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for             prosecution.
      (b) If the case is prosecuted, until the criminal charges against the person are dismissed, the person is acquitted of those charges, or the person's             license or permit is suspended, restricted, or revoked.
(4) As used in this section, "unlawful alcohol content" means any of the following, as applicable:
      (a) If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67             milliliters of urine.
      (b) If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per             210 liters of breath, or per 67 milliliters of urine.
      (c) If the person tested is not a person described in subdivision (a) or (b), 0.08 grams or more of alcohol per 100 milliliters of blood, per 210 liters            of breath, or per 67 milliliters of urine , or, beginning October 1, 2013, 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters            of breath, or per 67 milliliters of urine .

§ 257.625k. Ignition interlock device; approval; certification; list of manufacturers; rules; cost; notice to department by certifying laboratory; unlawful conduct; penalties.

Sec. 625k.
(1) The department shall approve an ignition interlock device certified by a department-approved laboratory as complying with the national highway       traffic safety administration's model specifications for breath alcohol ignition interlock devices (BAIID), 57 F.R. p. 11772, April 7, 1992. Subject to       subsection (5), the department shall publish a list of all manufacturers of approved certified devices.
(2) The secretary of state shall promulgate rules to implement this section in compliance with the administrative procedures act of 1969, 1969 PA 306,       MCL 24.201 to 24.328.
(3) The manufacturer of an ignition interlock device shall bear the cost of that device's certification.
(4) A laboratory that certifies an ignition interlock device as provided in this section shall immediately notify the department of that certification.
(5) The department shall not include the manufacturer of a certified ignition interlock device on the list of manufacturers published under subsection       (1) unless the manufacturer complies with all of the following:
      (a) The manufacturer has filed copies of all of the following with the department:
           (i) A bond executed as provided in section 625o or a letter of credit.
           (ii) Evidence of insurance as described in section 625l.
          (iii) An affidavit that the ignition interlock device is all of the following:
             (A)An alcohol concentration measuring device that prevents a motor vehicle from being started at any time without first determining through                   a deep lung sample the operator's breath alcohol level.
             (B)Calibrated to render the motor vehicle incapable of being started if the device detects an alcohol content of 0.025 grams or more per 210                   liters of breath of the person who offers a breath sample.
             (C)Set to periodically take samples while the vehicle is in operation and to do 1 or both of the following:
                  (I)Emit a warning signal when the device detects an alcohol content of 0.025 grams or more per 210 liters of breath in the person who                       offers a breath sample.
                 (II)If it detects an alcohol content of 0.04 grams or more per 210 liters of breath of the person who offers the breath sample, render the                       vehicle inoperable as soon as the vehicle is no longer being operated.
      (b) The manufacturer of ignition interlock devices provides a list of installers who are authorized to install and service its ignition interlock             devices to the secretary of state.
      (c) Agrees to have service locations within 50 miles of any location within this state.
      (d) Agrees to provide an ignition interlock device without cost to a person whose gross income for the immediately preceding tax year based             on his or her state income tax return was less than 150% of the official poverty line for that same tax year established in the poverty             guidelines issued by the secretary of health and human services under authority of section 673(2) of the community services block grant             act, subtitle B of title VI of the omnibus budget reconciliation act of 1981, Public Law 97-35, 42 U.S.C. 9902. A person in whose vehicle an             ignition interlock device is installed without cost under this subdivision shall pay a maintenance fee to the installer of not more than $1.00             per day.
      (e) Agrees to periodically monitor installed ignition interlock devices and if monitoring indicates that the device has been circumvented, to             communicate that fact to the secretary of state or to the court, as appropriate .
(6) A manufacturer that has made a filing under subsection (5) shall immediately notify the department if the device no longer meets the requirements       of subsection (5).
(7) A person who knowingly provides false information to the department under subsection (4) or (5) is guilty of a felony punishable by imprisonment       for not less than 5 years or more than 10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the       prosecution.
(8) A person who negligently provides false information to the department under subsection (4) or (5) is guilty of a misdemeanor punishable by       imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, together with costs of the prosecution.
(9) A person who knowingly fails to comply with subsection (6) is guilty of a felony punishable by imprisonment for not less than 5 years or more than       10 years or a fine of not less than $5,000.00 or more than $10,000.00, or both, together with costs of the prosecution.
(10) A person who negligently fails to comply with subsection (6) is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a       fine of not more than $1,000.00, or both, together with costs of the prosecution.

§ 257.625l. Ignition interlock device; warning label; prohibited conduct; violation as misdemeanor; penalty; definition; liability; insurance; servicing.

Sec. 625l.
(1) The manufacturer of an ignition interlock device shall design a warning label, and the person who has an ignition interlock device shall promptly       affix that label to each ignition interlock device upon installation. The label shall contain a warning that any person tampering, circumventing, or       otherwise misusing the device is guilty of a misdemeanor punishable as provided by law.
(2) A person who has an ignition interlock device installed and whose driving privilege is restricted shall not request or solicit any other person to blow       into an ignition interlock device or to start a vehicle equipped with the device for the purpose of providing the person whose driving privilege is       restricted with an operable vehicle.
(3) A person shall not blow into an ignition interlock device or start a motor vehicle equipped with the device for the purpose of providing an operable       vehicle to a person who has an interlock device installed and whose driving privilege is restricted.
(4) A person shall not tamper with or circumvent the operation of an ignition interlock device.
(5) A person who violates subsection (2), (3), or (4) is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not       more than $5,000.00, or both.
(6) As used in this act, "ignition interlock device" or "device" means an alcohol concentration measuring device that prevents a motor vehicle from       being started at any time without first determining through a deep lung sample the operator's breath alcohol level. The system shall be calibrated       so that the motor vehicle may not be started if the breath alcohol level of the operator, as measured by the test, reaches a level of 0.025 grams       per 210 liters of breath.
(7) The state, or the department, its officers, employees, or agents , or a court, its officers, employees, or agents are not liable in any claim or action       that may arise, directly or indirectly, out of any act or omission by a manufacturer, installer, or servicing agent of an ignition interlock device that       results in damage to persons or property.
(8) A person shall not sell, lease, install, or monitor in a vehicle in this state an ignition interlock device unless the ignition interlock device manufacturer       and provider carries liability insurance covering product liability, including, but not limited to, insurance to indemnify the department and any       person injured as a result of a design defect or the calibration or removal of the ignition interlock device or a misrepresentation about the ignition       interlock device. The insurance required by this subsection shall be in an amount of not less than $1,000,000.00 per incident.
(9) The provider of insurance described in this section may cancel the insurance upon 30 days' written notice to the department and is not liable for a       claim arising from an event that occurs after the effective date of a cancellation made in compliance with this section.
(10) An ignition interlock device shall be serviced according to manufacturer's standards. Service shall include, but not be limited to, physical inspection        of the device and vehicle for tampering, calibration of the device, and monitoring of the data contained within the device's memory. Only        authorized employees of the manufacturer or the department , or other persons approved by the court, may observe the installation of a device.        Reasonable security measures must be taken to prevent the customer from observing the installation of a device or obtaining access to        installation materials.

§ 257.625m. Operation of commercial motor vehicle by person with certain alcohol content; arrest without warrant; violation as misdemeanor; sentence; "prior conviction" defined.

Sec. 625m.
(1) A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210       liters of breath, or per 67 milliliters of urine , or, beginning October 1, 2013, an alcohol content of 0.04 grams or more but less than 0.10 grams       per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, shall not operate a commercial motor vehicle within this state.
(2) A peace officer may arrest a person without a warrant under either of the following circumstances:
      (a) The peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle             involved in the accident and was operating the vehicle in violation of this section or a local ordinance substantially corresponding to this             section.
      (b) The person is found in the driver's seat of a commercial motor vehicle parked or stopped on a highway or street within this state if any part of             the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation             of this section or a local ordinance substantially corresponding to this section.
(3) Except as otherwise provided in subsections (4) and (5), a person who is convicted of a violation of this section or a local ordinance substantially       corresponding to this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $300.00,       or both, together with costs of the prosecution.
(4) A person who violates this section or a local ordinance substantially corresponding to this section within 7 years of 1 prior conviction may be       sentenced to imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(5) A person who violates this section or a local ordinance substantially corresponding to this section within 10 years of 2 or more prior convictions is       guilty of a felony and shall be sentenced to pay a fine of not less than $500.00 or more than $5,000.00 and to either of the following:
      (a) Imprisonment under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
      (b) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days             or more than 180 days. Not less than 48 hours of the imprisonment imposed under this subdivision shall be served consecutively.
(6) A term of imprisonment imposed under subsection (4) or (5) shall not be suspended.
(7) Subject to subsection (9), as used in this section, "prior conviction" means a conviction for any of the following, whether under a law of this state,       a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:
      (a) Except as provided in subsection (8), a violation or attempted violation of any of the following:
           (i) This section.
          (ii) Section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a                vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic                liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
         (iii) Former section 625b.
      (b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(8) Only 1 violation or attempted violation of section 625(6), a local ordinance substantially corresponding to section 625(6), or a law of another state       substantially corresponding to section 625(6) may be used as a prior conviction.
(9) If 2 or more convictions described in subsection (7) are convictions for violations arising out of the same transaction, only 1 conviction shall be       used to determine whether the person has a prior conviction.

§ 257.625n. Forfeiture of vehicle or return to lessor.

Sec. 625n.
(1) Except as otherwise provided in this section and in addition to any other penalty provided for in this act, the judgment of sentence for a conviction       for a violation of section 625(1) described in section 625(8)(b) or (c), a violation of section 625(3) described in section 625(10)(b) or (c), a       violation of section 625(4), (5), or (7), or a violation of section 904(4) or (5) may require 1 of the following with regard to the vehicle used in the       offense if the defendant owns the vehicle in whole or in part or leases the vehicle:
      (a) Forfeiture of the vehicle if the defendant owns the vehicle in whole or in part.
      (b) Return of the vehicle to the lessor if the defendant leases the vehicle.
(2) The vehicle may be seized pursuant to an order of seizure issued by the court having jurisdiction upon a showing of probable cause that the       vehicle is subject to forfeiture or return to the lessor.
(3) The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the       violation.
(4) Within 14 days after the defendant's conviction for a violation described in subsection (1), the prosecuting attorney may file a petition with the       court for the forfeiture of the vehicle or to have the court order return of a leased vehicle to the lessor. The prosecuting attorney shall give notice       by first-class mail or other process to the defendant and his or her attorney, to all owners of the vehicle, and to any person holding a security       interest in the vehicle that the court may require forfeiture or return of the vehicle.
(5) If a vehicle is seized before disposition of the criminal proceedings, a defendant who is an owner or lessee of the vehicle may move the court       having jurisdiction over the proceedings to require the seizing agency to file a lien against the vehicle and to return the vehicle to the owner or       lessee pending disposition of the criminal proceedings. The court shall hear the motion within 7 days after the motion is filed. If the defendant       establishes at the hearing that he or she holds the legal title to the vehicle or that he or she has a leasehold interest and that it is necessary for       him or her or a member of his or her family to use the vehicle pending the outcome of the forfeiture action, the court may order the seizing agency       to return the vehicle to the owner or lessee. If the court orders the return of the vehicle to the owner or lessee, the court shall order the       defendant to post a bond in an amount equal to the retail value of the vehicle, and shall also order the seizing agency to file a lien against the       vehicle.
(6) Within 14 days after notice by the prosecuting attorney is given under subsection (4), the defendant, an owner, lessee, or holder of a security       interest may file a claim of interest in the vehicle with the court. Within 21 days after the expiration of the period for filing claims, but before or at       sentencing, the court shall hold a hearing to determine the legitimacy of any claim, the extent of any co-owner's equity interest, the liability of the       defendant to any co-lessee, and whether to order the vehicle forfeited or returned to the lessor. In considering whether to order forfeiture, the       court shall review the defendant's driving record to determine whether the defendant has multiple convictions under section 625 or a local       ordinance substantially corresponding to section 625, or multiple suspensions, restrictions, or denials under section 904, or both. If the defendant       has multiple convictions under section 625 or multiple suspensions, restrictions, or denials under section 904, or both, that factor shall weigh       heavily in favor of forfeiture.
(7) If a vehicle is forfeited under this section, the unit of government that seized the vehicle shall sell the vehicle and dispose of the proceeds in the       following order of priority:
      (a) Pay any outstanding security interest of a secured party who did not have prior knowledge of or consent to the commission of the violation.
      (b) Pay the equity interest of a co-owner who did not have prior knowledge of or consent to the commission of the violation.
      (c) Satisfy any order of restitution entered in the prosecution for the violation.
      (d) Pay the claim of each person who shows that he or she is a victim of the violation to the extent that the claim is not covered by an order of             restitution.
      (e) Pay any outstanding lien against the property that has been imposed by a governmental unit.
      (f) Pay the proper expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses incurred during the seizure process            and expenses for maintaining custody of the property, advertising, and court costs.
      (g) The balance remaining after the payment of items (a) through (f) shall be distributed by the court having jurisdiction over the forfeiture             proceedings to the unit or units of government substantially involved in effecting the forfeiture. Seventy-five percent of the money received             by a unit of government under this subdivision shall be used to enhance enforcement of the criminal laws and 25% of the money shall be used             to implement the crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. A unit of government receiving money under this subdivision             shall report annually to the department of management and budget the amount of money received under this subdivision that was used to             enhance enforcement of the criminal laws and the amount that was used to implement the crime victim's rights act, 1985 PA 87, MCL 780.751             to 780.834.
(8) The court may order the defendant to pay to a co-lessee any liability determined under subsection (6). The order may be enforced in the same       manner as a civil judgment.
(9) The return of a vehicle to the lessor under this section does not affect or impair the lessor's rights or the defendant's obligations under the lease.
(10) A person who knowingly conceals, sells, gives away, or otherwise transfers or disposes of a vehicle with the intent to avoid forfeiture or return         of the vehicle to the lessor under this section is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not         more than $1,000.00, or both.
(11) The failure of the court or prosecutor to comply with any time limit specified in this section does not preclude the court from ordering forfeiture of         a vehicle or its return to a lessor, unless the court finds that the owner or claimant suffered substantial prejudice as a result of that failure.
(12) The forfeiture provisions of this section do not preclude the prosecuting attorney from pursuing a forfeiture proceeding under any other law of         this state or a local ordinance substantially corresponding to this section.

§ 257.319. Mandatory suspension of license; record of conviction for certain crimes; waiver; restricted license; prior convictions.

Sec. 319.
(1) The secretary of state shall immediately suspend a person's license as provided in this section upon receiving a record of the person's conviction       for a crime described in this section, whether the conviction is under a law of this state, a local ordinance substantially corresponding to a law of       this state, or a law of another state substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license for 1 year for any of the following crimes:
      (a) Fraudulently altering or forging documents pertaining to motor vehicles in violation of section 257.
      (b) A violation of section 413 of the Michigan penal code, 1931 PA 328, MCL 750.413.
      (c) A violation of section 1 of former 1931 PA 214, MCL 752.191, or section 626c.
      (d) A felony in which a motor vehicle was used. As used in this section, "felony in which a motor vehicle was used" means a felony during the            commission of which the person convicted operated a motor vehicle and while operating the vehicle presented real or potential harm to            persons or property and 1 or more of the following circumstances existed:
           (i) The vehicle was used as an instrument of the felony.
          (ii) The vehicle was used to transport a victim of the felony.
         (iii) The vehicle was used to flee the scene of the felony.
         (iv) The vehicle was necessary for the commission of the felony.
      (e) A violation of section 602a(2) or (3) of this act or section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(3) The secretary of state shall suspend the person's license for 90 days for any of the following crimes:
      (a) Failing to stop and disclose identity at the scene of an accident resulting in injury in violation of section 617a.
      (b) A violation of section 601b(2), section 601c(1), section 626, or section 653a(3).
      (c) Malicious destruction resulting from the operation of a vehicle under section 382(1)(b), (c), or (d) of the Michigan penal code, 1931 PA 328,            MCL 750.382.
      (d) A violation of section 703(2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license for 30 days for malicious destruction resulting from the operation of a vehicle under       section 382(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the secretary of state under any law requiring the registration of a motor vehicle or regulating the       operation of a vehicle on a highway, or for conduct prohibited under section 324(1) or a local ordinance substantially corresponding to section       324(1), the secretary shall suspend the person's license as follows:
      (a) If the person has no prior conviction for an offense described in this subsection within 7 years, for 90 days.
      (b) If the person has 1 or more prior convictions for an offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code, 1931 PA 328, MCL 750.414, the secretary of state shall suspend the person's license as       follows:
      (a) If the person has no prior conviction for that offense within 7 years, for 90 days.
      (b) If the person has 1 or more prior convictions for that offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or section 703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, the       secretary of state shall suspend the person's license as follows:
      (a) If the person has 1 prior conviction for an offense described in this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, for 90 days.            The secretary of state may issue the person a restricted license after the first 30 days of suspension.
      (b) If the person has 2 or more prior convictions for an offense described in this subsection or section 33b(1) of former 1933 (Ex Sess) PA 8, for 1            year. The secretary of state may issue the person a restricted license after the first 60 days of suspension.
(8) The secretary of state shall suspend the person's license for a violation of section 625 or 625m as follows:
      (a) For 180 days for a violation of section 625(1) or (8) if the person has no prior convictions within 7 years. The secretary of state may issue the            person a restricted license during a specified portion of the suspension, except that the secretary of state shall not issue a restricted license            during the first 30 days of suspension.
      (b) For 90 days for a violation of section 625(3) if the person has no prior convictions within 7 years. However, if the person is convicted of a            violation of section 625(3), for operating a vehicle when, due to the consumption of a controlled substance or a combination of alcoholic liquor            and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the secretary of state shall suspend the person's            license under this subdivision for 180 days. The secretary of state may issue the person a restricted license during all or a specified portion of            the suspension.
      (c) For 30 days for a violation of section 625(6) if the person has no prior convictions within 7 years. The secretary of state may issue the person            a restricted license during all or a specified portion of the suspension.
      (d) For 90 days for a violation of section 625(6) if the person has 1 or more prior convictions for that offense within 7 years.
      (e) For 180 days for a violation of section 625(7) if the person has no prior convictions within 7 years. The secretary of state may issue the            person a restricted license after the first 90 days of suspension.
      (f) For 90 days for a violation of section 625m if the person has no prior convictions within 7 years. The secretary of state may issue the person a            restricted license during all or a specified portion of the suspension.
(9) For a violation of section 367c of the Michigan penal code, 1931 PA 328, MCL 750.367c, the secretary of state shall suspend the person's license       as follows:
      (a) If the person has no prior conviction for an offense described in this subsection within 7 years, for 6 months.
      (b) If the person has 1 or more convictions for an offense described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2) of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school, the        secretary of state shall suspend the license of a person 14 years of age or over but less than 21 years of age until 3 years after the date of the        conviction or juvenile disposition for the violation. The secretary of state may issue the person a restricted license after the first 365 days of        suspension.
(12) Except as provided in subsection (14), a suspension under this section shall be imposed notwithstanding a court order unless the court order        complies with section 323.
(13) If the secretary of state receives records of more than 1 conviction of a person resulting from the same incident, a suspension shall be imposed        only for the violation to which the longest period of suspension applies under this section.
(14) The secretary of state may waive a restriction, suspension, or revocation of a person's license imposed under this act if the person submits proof         that a court in another state revoked, suspended, or restricted his or her license for a period equal to or greater than the period of a restriction,         suspension, or revocation prescribed under this act for the violation and that the revocation, suspension, or restriction was served for the         violation, or may grant a restricted license.
(15) The secretary of state shall not issue a restricted license to a person whose license is suspended under this section unless a restricted license is         authorized under this section and the person is otherwise eligible for a license.
(16) The secretary of state shall not issue a restricted license to a person under subsection (8) that would permit the person to operate a commercial         motor vehicle .
(17) A restricted license issued under this section shall permit the person to whom it is issued to take any driving skills test required by the secretary of         state and to drive under 1 or more of the following circumstances:
       (a) In the course of the person's employment or occupation.
       (b) To and from any combination of the following:
           (i) The person's residence.
           (ii) The person's work location.
           (iii) An alcohol or drug education or treatment program as ordered by the court.
           (iv) The court probation department.
           (v) A court-ordered community service program.
           (vi) An educational institution at which the person is enrolled as a student.
           (vii) A place of regularly occurring medical treatment for a serious condition for the person or a member of the person's household or immediate                   family.
(18) While driving with a restricted license, the person shall carry proof of his or her destination and the hours of any employment, class, or other         reason for traveling and shall display that proof upon a peace officer's request.
(19) Subject to subsection (21), as used in subsection (8), "prior conviction" means a conviction for any of the following, whether under a law of this         state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this         state:
        (a) Except as provided in subsection (20), a violation or attempted violation of any of the following:
           (i) Section 625, except a violation of section 625(2), or a violation of any prior enactment of section 625 in which the defendant operated a                vehicle while under the influence of intoxicating or alcoholic liquor or a controlled substance, or a combination of intoxicating or alcoholic                liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
           (ii) Section 625m.
           (iii) Former section 625b.
        (b) Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.
(20) Except for purposes of the suspensions described in subsection (8)(c) and (d), only 1 violation or attempted violation of section 625(6), a local         ordinance substantially corresponding to section 625(6), or a law of another state substantially corresponding to section 625(6) may be used as         a prior conviction.
(21) If 2 or more convictions described in subsection (19) are convictions for violations arising out of the same transaction, only 1 conviction shall be         used to determine whether the person has a prior conviction.